Jenkins v. State

Supreme Court of Georgia

Jenkins v. State

111 S.E. 915, 153 Ga. 305, 1922 Ga. LEXIS 73

CourtSupreme Court of Georgia

DecidedApril 14, 1922

DocketNo. 2992

StatusPublished

Cited by4 cases

This text of 111 S.E. 915 (Jenkins v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jenkins v. State, 111 S.E. 915, 153 Ga. 305, 1922 Ga. LEXIS 73 (Ga. 1922).

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Opinion

Eish, C. J.

John Jenkins was convicted of murder for the unlawful and malicious killing of Pearl Butler by shooting him with a shotgun. The defendant’s motion for a new trial, which was overruled, was based upon the usual general grounds, that the verdict was contrary to law and the evidence, and without evidence to support it; and on one ground of amendment, complaining that the court erred in failing to instruct the jury as to the law of voluntary manslaughter. The State introduced a number of witnesses whose testimony, if credible, clearly showed that the accused assassinated the deceased. The accused submitted no testimony, but made a statement to the jury. There was nothing in the testimony that authorized an instruction on the law of voluntary manslaughter. And even if there was anything in the statement 'which would have authorized a charge on that subject, no request was made therefor. The verdict was strongly supported by the evidence, and the. refusal of a new' trial was not error.

Judgment affirmed.

All the Justiees concur.

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Eish, C. J.

John Jenkins was convicted of murder for the unlawful and malicious killing of Pearl Butler by shooting him with a shotgun. The defendant’s motion for a new trial, which was overruled, was based upon the usual general grounds, that the verdict was contrary to law and the evidence, and without evidence to support it; and on one ground of amendment, complaining that the court erred in failing to instruct the jury as to the law of voluntary manslaughter. The State introduced a number of witnesses whose testimony, if credible, clearly showed that the accused assassinated the deceased. The accused submitted no testimony, but made a statement to the jury. There was nothing in the testimony that authorized an instruction on the law of voluntary manslaughter. And even if there was anything in the statement 'which would have authorized a charge on that subject, no request was made therefor. The verdict was strongly supported by the evidence, and the. refusal of a new' trial was not error.

Judgment affirmed.

All the Justiees concur.

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Bluebook (online)

111 S.E. 915, 153 Ga. 305, 1922 Ga. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-state-ga-1922.

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